PITAMBER Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 and 227 of the Constitution of India seeks to assail the order dtd. 12/12/2019 passed by the learned Central Administrative Tribunal in O.A No. 2627/2014. Vide the impugned order, the learned Tribunal has rejected the claim of the petitioners for up-gradation of their pay scale at par with similarly placed employees working in the Central Secretariat Services (CSS).

(2.) Learned counsel for the petitioners submits that the petitioners are working as Deputy Secretaries in the Indian Council for Agriculture Research (ICAR) i.e the respondent no.2. According, to Clause 30(a) of its Bye-Laws, the employees of respondent no. 2 were to draw the same pay scale as Central Government employees. He submits that by Cabinet Note dtd. 18/5/1995, which was duly accepted, it was specifically provided that parity had to be maintained between the employees of ICAR and the employees of CSS. He, therefore, contends that once the Bye-Laws of the respondent read with Cabinet Note dtd. 18/5/1995, provide that pay scales applicable to the employees of the CSS would be mutatis mutandis applicable to employees of the ICAR, the petitioners' claim for grant of same pay scale as is being paid to the Deputy Secretaries in the CSS pursuant to DoPT's OM dtd. 10/3/2010, was required to be accepted.

(3.) He submits that in case the ICAR wanted to make a departure from the aforesaid position, the procedure under Clause 30 (b) of the Bye-Laws was to followed. The respondents have admittedly not taken any steps to alter the position as laid down in Clause 30 (a) and are, therefore, bound by the Cabinet Note dtd. 18/5/1995, to extend the same pay scales to its employees as are being paid to the employees of the CSS. Furthermore, this Court has, vide its order dtd. 17/5/2010, passed in W.P.(C) No. 3349/2010 titled as Union of India and Others v. V. K. Sharma and Others , rejected the challenge to an order passed by the learned Tribunal allowing the claim of Sec. Officers working in the ICAR for parity with pay scale of Sec. Officers under the CSS. This decision was unsuccessfully challenged before the Hon'ble Apex Court by way of Special Leave to Appeal (Civil) bearing no. CC 17537 /2010. He contends that the learned Tribunal has failed to appreciate this vital aspect and therefore, prays that petitioners' claim be allowed by setting aside the impugned order.